LJU4804
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 31 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
31 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
Read the set of facts below and then answer the questions that follow:
Mr and Mrs Kumar got married while on holiday in Zanzibar in December 1982. At the time of
entering into the marriage, both were Indian citizens domiciled in England. Shortly after their
marriage, they immigrated to South Africa where Mr Kumar took up the position of managing
director for a telecommunication company in Johannesburg. Three children were born out of the
marriage and Mrs Kumar stayed at home to look after them. The marriage relationship broke
down irretrievably in 2010 and Mrs Kumar instituted divorce proceedings against Mr Kumar in a
South African High Court in the same year.
QUESTION 1:
Which legal system will be found applicable to the material/inherent validity of the Kumars’
marriage according to the principles of South African private international law?
ANSWER:
Applicable Legal System for Marriage Validity
According to the principles of South African private international law, the applicable legal system
for the material/inherent validity of the Kumars' marriage would be the legal system of the place
where the marriage was celebrated. In this case, the Kumars got married in Zanzibar. Therefore,
the Zanzibar legal system would be applicable to the material/inherent validity of their marriage.
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 31 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
31 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
Read the set of facts below and then answer the questions that follow:
Mr and Mrs Kumar got married while on holiday in Zanzibar in December 1982. At the time of
entering into the marriage, both were Indian citizens domiciled in England. Shortly after their
marriage, they immigrated to South Africa where Mr Kumar took up the position of managing
director for a telecommunication company in Johannesburg. Three children were born out of the
marriage and Mrs Kumar stayed at home to look after them. The marriage relationship broke
down irretrievably in 2010 and Mrs Kumar instituted divorce proceedings against Mr Kumar in a
South African High Court in the same year.
QUESTION 1:
Which legal system will be found applicable to the material/inherent validity of the Kumars’
marriage according to the principles of South African private international law?
ANSWER:
Applicable Legal System for Marriage Validity
According to the principles of South African private international law, the applicable legal system
for the material/inherent validity of the Kumars' marriage would be the legal system of the place
where the marriage was celebrated. In this case, the Kumars got married in Zanzibar. Therefore,
the Zanzibar legal system would be applicable to the material/inherent validity of their marriage.
